_{by Ednal Palmer}

WEST Honiara Member of Parliament Namson Tran has been cleared of election bribery allegations filed through an election petition after last April’s national General Elections.

Solomon Islands High Court Judge and Chief Justice Sir Albert Palmer struck out the election petition case today on the basis that the allegations of bribery fail to disclose sufficient grounds to warrant a hearing.

Petitioner Wilson Mamae, who also contested the West Honiara seat in the elections, raised six allegations of election bribery as grounds for the petition.

Mamae alleged that Tran committed the corrupt practices of election bribery contrary to section 126 of the Electoral Act, by distributing funds in December 2023 and provided details of the allegations.

However, after proceedings, Trans Legal counsel John Sullivan KC and Patrick Raerora, filed an application on September 3 to dismiss or strike out the petition in its entirety, or alternatively, to strike out such grounds of the petition as the Court thinks fit.

Tran’s legal counsel applied on grounds that some of the allegations related to a period before an election and not to an election as defined in the Electoral Act, and were not being supported by sufficient particulars or grounds warranting a hearing and as being frivolous and vexatious.

Tran’s legal team contends that the grounds raised in the Petition, all of which pertain to allegations of bribery under Section 126 of the Electoral Act, fail to disclose sufficient grounds to justify a hearing. 

They further asserted that the Petition is frivolous or vexatious, and/or lacks a reasonable cause of action, and should therefore be dismissed or struck out.

Sir Albert in his ruling today said the application to strike out the amended election petition in its entirety is granted on the basis that the allegations of bribery fail to disclose sufficient grounds to warrant a hearing, are frivolous or vexatious, and do not establish a reasonable cause of action.

Sir Palmer further ordered the following:

• The Petitioner is ordered to pay the Respondent’s costs of and incidental to the Petition, including this application; with certification for King’s Counsel.
• The sum of $40,000, deposited by the Petitioner as security for costs, is to be released to the Respondent’s solicitors and credited against any costs payable under paragraph (2) above.
• A Certificate of this Court’s Order confirming the dismissal of the Petition and affirming that the Respondent is the duly elected Member of Parliament for the West Honiara Constituency shall be issued to: The Electoral Commission; the Governor-General of Solomon Islands; and the Speaker of Parliament.

Tran has been elected to parliament in 2010 as MP for West Honiara. He has held the seat for the last three consecutive terms.